ORIGINAL PROCEEDING WRIT OF MANDAMUS County Civil Court at
Law No. 1 Harris County, Texas Trial Court Cause No. 1111475
consists of Justices Christopher, Bourliot, and Zimmerer.
relator in this original proceeding is Auto Club Indemnity
Company ("AAA"). AAA is an insurer that issued a
home insurance policy to Angie and Jay Lee ("the
Lees"). AAA filed a petition for writ of mandamus asking
this court to compel the Honorable George Barnstone,
presiding judge of the County Civil Court at Law No. 1 of
Harris County, to vacate his March 26, 2019 order, which set
aside an appraisal award of $0 as the amount of loss to the
conditionally grant relief because no evidence supports the
trial court's setting aside the appraisal award.
and Procedural Background
Lees sent AAA a demand letter, alleging that as a result of
an insured peril, they suffered significant damages to their
home. The demand letter requested an appraisal of the amount
of the loss as provided for by the Lees' insurance
6, 2018, the Lees filed suit against AAA alleging an action
for breach of contract and demanding an appraisal.
sent a letter responding to these claims dated June 8, 2018.
The letter points out that the Homeowners Policy at issue
SECTION I - PERILS INSURED AGAINST
COVERAGE A (DWELLING) . . .
We insure against physical loss to the property described in
Coverage A (Dwelling) and Coverage B (Personal Property)
caused by a peril listed below, unless the loss is excluded
in Section 1.
. . .
3. Windstorm, Hurricane and ...